Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 18. Reconsideration, Removal and Disqualification
The regulation, as printed
(a) A petition for reconsideration from an arbitration decision made pursuant to Labor Code section 3201.5(a)(1) or section 3201.7(a)(1) (known as “carve-out” cases) shall be filed directly with the office of the Appeals Board within 20 days of the service of the final order, decision or award made and filed by the arbitrator or board of arbitrators. A copy of the petition for reconsideration shall be served on the arbitrator or arbitration board. (b) Notwithstanding any other provision of these rules, a petition for reconsideration in a carve-out case shall be filed directly with the office of the Appeals Board, and not with any district office, including the San Francisco district office. Any petition for reconsideration in a carve-out case that is received by any district office shall neither be accepted for filing nor deemed filed for any purpose. If a carve-out petition for reconsideration is submitted to a district office in violation of this rule, the petition shall be returned to the petitioner with a letter referencing this rule, noting that the petition was improperly submitted to a district office and has been rejected, and indicating that the petition should be filed directly with the Appeals Board consistent with this rule. (c) The petition for reconsideration in a carve-out case, which shall be submitted with a document cover sheet, shall also comply with each of the following requirements: (1) It shall be captioned so as to identify it as a “Petition for Reconsideration from Arbitrator's Decision Under Labor Code section 3201.5 or 3201.7” and it shall include: (A) The injured employee's first and last names; (B) The name(s) of the defendant(s); (C) The alternative dispute resolution (ADR) case number (i.e., the carve-out arbitration case number); and (D) The Workers' Compensation Appeals Board adjudication case number, if previously assigned; (2) It shall set forth the date on which the arbitrator or board of arbitrators served the arbitration decision. Proof of service of the arbitration decision on the parties shall be either by a verified statement of the arbitrator or the board of arbitrators indicating the date of service and listing the names and addresses of the persons served or by written acknowledgment of receipt by the parties at the time of the arbitration proceedings; (3) It shall append, under a document separator sheet a copy of that portion of the collective bargaining agreement relating to the workers' compensation arbitration and reconsideration processes; (4) It shall append, under a document separator sheet, a completed Application for Adjudication of Claim (but without any venue designation), which is required solely for the purpose of obtaining the information set forth therein (e.g., the injured employee's date(s) of injury and date of birth; the names and mailing addresses of the parties); therefore, it shall not be deemed an application for purposes of Labor Code section 4064(c); and (5) It shall contain a proof of service of the petition, including service on the arbitrator or board of arbitrators. (d) After the filing of the carve-out petition for reconsideration, an adjudication file will be created and an adjudication case number will be assigned, if there is no existing adjudication case number. Any new adjudication case number will be served by the Appeals Board on the parties and attorneys, and on the arbitrator or board of arbitrators, at the addresses listed in the proof of service to the petition. (e) Following the Appeals Board's service of the adjudication case number (or, if there is an existing case, following the filing of the carve-out petition for reconsideration), and until the Appeals Board issues a decision disposing of all issues raised in the petition, all further documents shall be filed directly with the office of the Appeals Board, and not with any district office. (f) Within 15 days after receiving the petition for reconsideration, the arbitrator or board of arbitrators shall perform one of the following actions: (1) Rescind the entire order, decision or award and initiate further proceedings within 30 days; or (2) Rescind the order, decision or award and issue an amended order, decision or award. The time for filing a petition for reconsideration pursuant to Labor Code section 5903 will run from the filing date of the amended order, decision or award; or (3) Submit to the Appeals Board an electronic copy of the complete record of proceedings, including: (A) The transcript of proceedings, if any; (B) A summary of testimony if the proceedings were not transcribed; (C) The documentary evidence submitted by each of the parties; (D) An opinion that sets forth the rationale for the decision; and (E) A report on the petition for reconsideration, consistent with the provisions of rule 10962. The original arbitration record shall not be filed. (g) Upon receipt of the electronic copy of the complete record of proceedings, the Appeals Board may enter the petition for reconsideration, any answer and the record of the arbitration proceedings into the adjudication file within EAMS. (h) The petition for reconsideration, any answer, and the arbitration record shall be deemed part of the Workers' Compensation Appeals Board's record of proceedings under rule 10803. (i) After an arbitration decision has been made, the arbitrator or board of arbitrators shall maintain possession of the original record of the arbitration proceedings until the time for filing a petition for reconsideration has passed. Thereafter, one of the parties may be designated custodian of the arbitration record as provided for in the collective bargaining agreement.
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 4064
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 3201.5, 3201.7 and 4064, Labor Code.
1. Renumbering of former section 10865 to section 10990, including amendment of section and Note, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10990, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ16131890 · 2025-10-13 · Anaheim District Office8 CCR § 10990
Determinative passage · p.2I. Former Labor Code1 section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that: (a) A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
Applied to determine timeliness of petition and adequacy of notice and record for reconsideration.
Official decision · page 2 → - ADJ20015360 · 2025-02-27 · Los Angeles District Office8 CCR § 10990
Determinative passage · p.2WCAB Rule 10990 provides that if the arbitrator does not rescind the entire order, decision or award within 15 days of receiving the petition for reconsideration per WCAB Rule 10990(f)(1) or 10990(f)(2), WCAB Rule 10990(f)(3) requires the arbitrator to submit to the Appeals Board an electric copy of the complete record of proceedings including:
Requires submission of complete record including transcript, evidence, and opinion for reconsideration review.
Official decision · page 2 → - ADJ19483147 · 2024-12-13 · Los Angeles District Office8 CCR § 10990
Determinative passage · p.2Rule 10990(f)(1) or 10990(f)(2), WCAB Rule 10990(f)(3) requires the arbitrator to submit to the Appeals Board the complete record of proceedings including:
Requires filing of complete record including exhibits for meaningful review and due process.
Official decision · page 2 → - ADJ20015360 · 2024-12-06 · Los Angeles District Office8 CCR § 10990
Determinative passage · p.1It has come to the attention of the Appeals Board that defendant City of Los Angeles has sought reconsideration of the decision issued on June 4, 2024, by a workers' compensation arbitrator (WCA) under Labor Code1 section 3201.7. The Petition for Reconsideration is attached as an exhibit to the Writ of Review filed with the Second Appellate District on October 28, 2024, and served on the Appeals Board at WCABWritUnit@dir.ca.gov.
The Appeals Board reviewed the procedural history and rules regarding filing and timeliness, accepted the petition despite email filing error, and granted reconsideration to ensure due process.
Official decision · page 1 → - ADJ11564195 · 2024-07-08 · Los Angeles District Office8 CCR § 10990
Determinative passage · p.3As with a workers' compensation administrative law judge (WCJ), an arbitrator's decision must be based on admitted evidence and must be supported by substantial evidence. (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) An adequate and complete record is necessary to understand the basis for the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10566.) "It is the responsibility of the parties and the WCJ to ensure that the record is complete when a case is submitted for decision on the record. At a minimum, the record must contain, in properly organized form, the issues submitted for decision, the admissions and stipulations of the parties, and admitted evidence." (Hamilton, supra, 66 Cal.Comp.Cases at p. 475.) The WCJ's decision must "set[] forth clearly and concisely the reasons for the decision made on each issue, and the evidence relied on," so that "the parties, and the Board if reconsideration is sought, [can] ascertain the basis for the decision[.]... For the opinion on decision to be meaningful, the WCJ must refer with specificity to an adequate and completely developed record." (Id.
The Board could not review the arbitrator's decision because the record was incomplete and did not allow for meaningful review.
Official decision · page 3 → - ADJ19257864 · 2024-06-24 · Los Angeles District Office8 CCR § 10990
Determinative passage · p.2WCAB Rule 10990 provides that if the arbitrator does not rescind the entire order, decision or award within 15 days of receiving the petition for reconsideration per WCAB Rule 10990(f)(1) or 10990(f)(2), WCAB Rule 10990(f)(3) requires the arbitrator to submit to the Appeals Board an electric copy of the complete record of proceedings including:
The Appeals Board granted reconsideration to allow submission of the complete record as required by this rule.
Official decision · page 2 → - ADJ15256075 · 2023-07-20 · Stockton District Office8 CCR § 10990
Determinative passage · p.1Applicant seeks reconsideration of the Findings of Fact, Order (F&O) issued on May 2, 2023 by a workers' compensation administrative law judge (WCJ). The WCJ found that the Workers' Compensation Appeals Board (WCAB) lacks jurisdiction to address the validity of the May 19, 2016 decision of the Administrative Director of the Department of Industrial Relations (AD) recognizing Samuel Hale's Alternative Dispute Resolution (ADR) process under the collectively bargained Labor-Management Agreement (WCA) pursuant to Labor Code1 section 3201.7 (Sam Hale carve-out agreement); and, jurisdiction over applicant's workers' compensation claim is with the Sam Hale carve-out agreement pursuant to section 3201.7 and WCAB Rule 10990 (Cal. Code Regs., tit. 8, § 10990). The WCJ then deferred the dismissal of applicant's Application for Adjudication of Claim.
Provides for appeals from ADR decisions to the WCAB, preserving due process rights.
Official decision · page 1 →
Rules beside this one
Article 18. Reconsideration, Removal and Disqualification — regulations rarely stand alone, and the answer is often two sections away.
- § 10984Hearing After Reconsideration Granted.
- § 10986Authority of Workers' Compensation Judge After Decision After Reconsideration.
- § 10995Reconsideration of Arbitrator's Decisions or Awards Made Pursuant to the Mandatory or Voluntary Arbitration Provisions of Labor Code Sections 5270 through 5275.13 decisions
- § 10996Voluntary Arbitration. [Repealed]
- § 10997Request for Arbitration. [Repealed]
- § 10998Disqualification of Arbitrator. [Renumbered]